Useful Summary Of Principles Applicable To Letters Rogatory

The summary is found in McFadden Lyon Rouse LLC v Lookkin, 2012 ONSC 2243, where JS O'Neill J was asked to enforce letters of request (letters rogatory) issued by a court in Alabama for the examination of two parties in Ontario for the purposes of an action in Alabama.

The facts of the case don't much matter, but the judge does provide a nice outline of the general principles for the enforcement of letters rogatory, with citations: (a) obtaining the evidence must have been duly authorised by...

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